Passport Health, Inc. v. Travel Med, Inc.

Full title: PASSPORT HEALTH, INC., a Maryland corporation, Plaintiff, v. TRAVEL MED…

Court: United States District Court, E.D. California

Date published: Apr 1, 2011

2:09-cv-01753-GEB-JFM (E.D. Cal. Apr. 1, 2011)

Opinion

PASSPORT HEALTH, INC., a Maryland corporation, Plaintiff, v. TRAVEL MED, INC., a California corporation and GINA FLAHARTY, an individual and citizen of the State of California Defendants. TRAVEL MED, INC., a California corporation and GINA FLAHARTY, an individual and citizen of the State of California, Counter-Claimants, PASSPORT HEALTH, INC., a Maryland corporation, Counter-Claim Defendants. No. 2:09-cv-01753-GEB-JFM United States District Court, E.D. California. April 1, 2011

          ORDER

          GARLAND E. BURRELL Jr., District Judge.

         Defendants Travel Med, Inc. ("Travel Med") and Gina Flaharty ("Flaharty") (collectively, "Defendants") state in a footnote in their trial brief that they "hereby abandon the Counterclaim based on Cal. Bus. & Professions Code § 17200 and withdraw their request for a jury for the calculation of damages in this action." (ECF No. 72.) Therefore, this counterclaim is dismissed.

         Further, if the parties waive their right to a jury trial, each party shall file a document in which this is stated no later than 4:00 p.m. on April 4, 2011, and shall submit proposed prevailing party findings of fact and conclusions of law on the damages issues no later than seven (7) court days before the trial commencement date.